Rajesh Bhardwaj, J. (ORAL)

1. Present petition has been filed praying for the grant of regular bail to the petitioner in case bearing FIR No.115, dated 02.11.2024, under Sections 103, 191(3), 190, 109, 115(2) of BNS and Sections 25, 27, 54, 59 of the Arms Act, registered at Police Station Rajasansi, District Amritsar Rural.

2. Succinctly, the facts of the case are that FIR in the present case was got registered on the statement of complainant, namely, Baldev Singh. It was alleged that the complainant run a shop of scrap, while his brother Kashmir Singh run a karyana shop. On 01.11.2024, at about 9:00/9:30 p.m., a dispute arose between Loveleen Singh @ Lovely and Gurmej Singh, residents of the same village, regarding bursting of Diwali crackers. On hearing noise, complainant, namely, Baldev Singh and his brother Kashmir Singh had gone upstairs of the house of Gurmej Singh. At that time, Nishan Singh armed with 315 bore rifle, Hardeep Singh armed with 32 bore pistol, Akashdeep Singh armed with 12 bore rifle, Sarabjit Singh armed with 12 bore rifle, Bikramjit Singh armed with 32 bore pistol along with Baljinder Singh, Jobanjit Singh, i.e. the petitioner, Rohit, Loveleen Singh @ Lovely, Jagtar Singh, Gurpreet Singh and Ajaypal Singh empty handed were present at the upstairs of the house of Sahib Singh neighbour of Gurmej Singh. Thereafter, Loveleen Singh @ Lovely gave lalkara to catch them as they opposed in Panchayat election. Then Nishan Singh fired shot which hit Kashmir Singh, brother of complainant and upon receiving that firearm injury, Kashmir Singh died at spot. Akashdeep Singh fired shot, which hit the thigh of Lovepreet Singh. Similarly, Mangal Ram had also received firearm injuries at his left side and left arm. While Gurmej Singh received injuries on his head due to brick-batting from accused persons. Thereafter, complainant raised alarm and then assailants fled away from spot along with their respective weapons. Kashmir Singh alongwith other injured was taken to hospital, where Kashmir Singh was declared as brought dead. Thus, request was made to take legal action against the accused persons. On the registration of the FIR, the investigation commenced. Postmortem of the dead body was conducted. Statements of the relevant witnesses were recorded. The petitioner was arrested on 07.11.2024. The petitioner approached the Court of learned Additional Sessions Judge, Amritsar, praying for the grant of regular bail. However, after hearing both the sides and finding no merit in the same, the learned Additional Sessions Judge, Amritsar, dismissed the bail application filed by the petitioner vide order dated 01.04.2025. Hence being aggrieved, the petitioner is before this Court by way of filing the present petition praying for the grant of regular bail.

3. Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated in the present case. He, at the outset, prays for the grant of regular bail to the petitioner on the basis of parity with that of the co-accused, namely, Rohit Singh @ Dheli, Loveleen Singh @ Lovely and Ajaypal Singh @ Ajay Kumar. He has drawn the attention of this Court to the order dated 18.05.2026 passed in CRM-M-12124-2026; CRM-M-14052-2026 and CRM-M-20228-2026, whereby, co-accused, namely, Rohit Singh @ Dheli, Loveleen Singh @ Lovely and Ajaypal Singh @ Ajay Kumar, have been granted the concession of regular bail by this Court. He submits that on the basis of the parity, the petitioner deserves to be granted bail as the case of the petitioner is similar to that of the said co-accused, who have already been granted bail.

4. Learned State counsel has endorsed the factum of grant of bail to the co-accused of the petitioner as stated above and has not denied that the petitioner is at par with the co-accused, namely, Rohit Singh @ Dheli, Loveleen Singh @ Lovely and Ajaypal Singh @ Ajay Kumar. He has produced custody certificate of the petitioner today in the Court, w